Article 1- Identity of the Application manager

1.1.- The application is managed and provided by REFASHION, a Simplified Joint-Stock Company with a variable share capital, whose registered office is located at 89-91, rue du Faubourg Saint Honoré 75008 Paris – France, registered in the Paris Trade and Companies Register under number 509 292 801.

1.2.- The Application is provided by REFASHION exclusively in the context of its activity as an eco-friendly waste management organisation accredited under Articles L.541-10 et seq. of the French Environmental Code, the accreditation being the reason for these general terms and conditions.

Article 2 – Definitions

2.1- The terms defined below, when used with capital letters, in the plural or singular, have the following meanings:

“Application” means all interfaces, databases and software accessible via the internet at https://recycle.refashion.fr, The “online application” type Application, consists of two parts, one which is open access and one which is restricted and requires login with a User Account and Access Code.

“Applicant” means any person applying to open a User Account and whose User Account is not yet open.

“User” means any person who has a User Account.

“User Account” means the identification and contact data, as well as the information to be filled in by all Users about their activities.

“Access Codes”: means the User’s assigned ID and password, enabling them to access the restricted part of the Application. The so-called initial Access Code consists of the ID and a password assigned by REFASHION for the first login to the Application.

“CHF” means new clothing, household linen and footwear and new home furnishings, excluding those which are furniture components or intended to protect or decorate furniture and which are placed on the French market.

“Non-waste” means any movable property that is not waste[1]. The designation “material”, “product” and “goods” in the general terms and conditions is independent of the legal classification of waste and Non-waste. However, by the very definition of recycling, the input materials of recycling are necessarily waste.

“Accreditation” means the accreditation granted to REFASHION pursuant to Articles L.541-10 and L.541-10-1 11 (formerly L.541-10-3) of the Environmental Code.

“Company Profile” means information, organised in the format required by the Application, relating to the identification of the User Account holder and an overview of the User’s activities.

“Recycling Solution” means one or more successive interim or final recycling operations for materials, goods or products composed at least in part of CHF waste.

“Material/Product File” means information, organised in the format required by the Application, relating to a material, a good or a product composed at least in part of CHF and intended for recycling.

2.2.- For terms defined in Article L.541-1-1 of the Environmental Code, including “waste” and “recycling”, please refer to the definitions in this article of the Environmental Code. It is expressly stipulated that no provision of the general terms and conditions restricts or favours open and closed loop recycling.

Article 3 – Purpose of the general terms and conditions

3.1.- The general terms and conditions set out the contractual obligations

• of the Applicant, for their application to open a User Account;
• of REFASHION and the User, with regard to managing and closing the User Account,
• of REFASHION and the User, with regard to accessing and using the Application.

In the topics that they cover, the general terms and conditions constitute all the provisions governing the relationship between REFASHION and the User, excluding any special conditions or specific agreement between the parties in any form and designation whatsoever in this regard.

3.2.- The general terms and conditions in force shall be sent by email to the Applicant, at the email address specified when they apply to open an account, prior to the Applicant’s confirmation to send their application form to open a User Account to REFASHION.

The application to open a User Account irrefutably presumes that the Applicant has read the general terms and conditions in force when the application is made, and constitutes acceptance of these general terms and conditions by the Applicant.

3.3.- Amendments to the general terms and conditions

The general terms and conditions may be revised by REFASHION with a notice period:

• of fifteen days from the date when they are communicated to the User, for revisions that do not affect the economics of these general terms and conditions. Any amendments to the general terms and conditions which do not involve payment to REFASHION to access or use the Application are presumed not to affect the economics of these general terms and conditions;
• of thirty days from the date when they are communicated, for any amendments to these general terms and conditions which affect the economics of these general terms and conditions.

Any amendments to these general terms and conditions shall be communicated to the User by email at the email address specified by the User in their User Account. Confirmation by the User’s server that the email has been delivered to the User signals the start of the aforementioned notice period.

In the event that they disagree with the amendment(s) made by REFASHION to the general terms and conditions, the User may request their User Account be closed in accordance with the terms of Article 5.

3.4.- An amendment made to the Application itself which complies with its purpose does not constitute an amendment to the general terms and conditions.

Article 4 – Purpose of the Application, features, technical terms of access

4.1.- The purpose of the Application is to promote the recycling in France, Europe, of materials, goods or products composed at least in part of CHF waste collected in France, by enabling professionals to inform other professionals that they are able to:

• supply materials, goods or products consisting at least in part of CHF waste collected in France and intended for interim or final recycling by any process or legal use;
• recycle in Europe (interim or final recycling) materials, goods or products composed at least in part of CHF waste by any process or legal use.

To this end, the Application enables the User to present to other Users, in the context of professional activities of a commercial nature, materials, goods or products composed at least in part of CHF waste and Recycling Solutions.

However, the Application does not provide a feature that enables a User to solicit business online with other Users, or to negotiate, enter into or execute online transactions for a fee or free of charge for goods or services, or to offer, enter into or execute a contract for services related to such transactions (for example, but not limited to: technical advice, transportation, receipt of goods, brokerage, financing).

Recycling can be carried out for the purpose of producing clothing, footwear, household linen or home furnishings (so-called “closed loop” recycling) as well as for other purposes (so-called “open loop” recycling).

It is specifically reiterated that the supply of materials, goods or products composed at least in part of CHF, if they are waste, implies compliance with Article L.541-2 of the Environmental Code[2].

4.2.- As a guide, the Application’s features are as follows:

• editing (including posting online, amending, removing) by the User, in accordance with the formats available in the Application, of their Company Profile and their Material/Product File(s); the Company Profile and Material/Product File can include text or text files, image files and sound files.
• viewing by Users, via different search filters (criteria) (e.g. according to the different recycling stages, depending on the type of material, region), of the Company Profiles and Material/Product Files of other Users;
• provision of a technical lexicon for editing Recycling Solutions and Material/Product Files;
• viewing of maps published by REFASHION relating to the different recycling options for materials, goods or products composed at least in part of CHF waste;
• viewing articles about recycling news in English or French.

These features may change in line with the editorial decisions of REFASHION, in compliance with Article 3.3 or 3.4 as the case may be.

4.3.- To access the Application, the User undertakes to buy their own terminal and browser compatible with the Application, to subscribe to a broadband service with sufficient speed to browse the internet and to have an email address.

REFASHION undertakes to ensure that the Application is compatible with the technical specifications of the hardware and software commonly available on the market. Each party shall update its software and hardware at its own expense.

ECO TLC – REFASHION and the User undertake to take all necessary and proportionate measures to prevent cybercrime punishable by Articles 323-1 and 323-2 of the Criminal Code when logging into or using the Application.

The User can only access the restricted part of the Application by means of an Access Code to protect the Application. The Access Code is assigned by REFASHION when their User Account is opened. The User undertakes to take the necessary measures to preserve restricted access to the Application and in particular to comply with the “Password security recommendations” of the National Information Systems Security Agency[3] (ANSSI). Whenever the User suspects that their User Account might be used by another person, they must change the password, even pre-emptively, and if necessary ask REFASHION to reset their ID.

Article 5 – Eligibility conditions for opening a User Account, opening and closing the User Account

5.1.- People who meet the following cumulative conditions are eligible to open a User Account:

a) Being a professional within the meaning of Directive (EU) No 2011/83, established in the European Union;

It is expressly stipulated that a person acting as an employee or as a corporate officer is not a professional within the meaning of this Article.

Where the person is a public body, they must be involved in an industrial or commercial activity.

The professional must be legally registered, in accordance with the legislative and regulatory provisions of the Member State where their registered office is located.

b) Being able:

– by virtue of their professional activity, to supply materials, goods or products composed at least in part of CHF waste collected in France,

– and/or use materials, goods or products composed at least in part of CHF waste in their professional activity,

to carry out their interim or final recycling.

c) Making an application to open a User Account in accordance with Article 5.3.

d) Accepting these general terms and conditions unreservedly and as they stand.

e) Not having had a User Account closed by REFASHION for breach of the general terms and conditions within the eighteen months prior to the application to open a User Account. The period of eighteen months is extended to three years in the event that the User Account is closed due to prior use of the Application by the User contrary to public policy or in the event of a breach of the general terms and conditions for serious risk of disruption or damage to the integrity of the Application.

Given the purpose of the Application to directly connect professionals who are suppliers or users of materials, goods or products composed at least in part of CHF, waste brokers and traders are not eligible to open a User Account. Nothing in these general terms and conditions, however, precludes a person eligible to open a User Account from using the services offered by waste brokers and dealers to enter into a transaction after being connected via the Application.

An Applicant who does not meet one of the above conditions is ineligible. The Applicant shall be informed of this by REFASHION within 30 days from the date when the Applicant sends their application form to open a User Account to FASHION.

5.2.- A person is eligible to open one User Account. The User Account is non-transferable.

5.3.- A person wishing to open a User Account applies to REFASHION exclusively via the Application, in the “Apply to open a User Account” section, filling in all the mandatory information in the online form. The Applicant vouches that the information and documents provided to open their User Account are true and accurate.

5.4.- Duration of the User Account

The User accepts the precarious nature of the activities carried out by REFASHION, due to the precarious nature of its Accreditation.

Barring early closure under the terms of Article 6, the User Account shall be open for an initial period until 31 December 2022, the date when the current Accreditation expires. The duration of the User Account will then be extended for a successive twelve-month period, on 31 December of each year, subject to the suspensive condition that Accreditation has been renewed for that 12-month period.

Article 6 – Suspension, early closure of the User Account, lapse

6.1.- Suspension

If the User fails to comply with the general terms and conditions, REFASHION may automatically suspend the User Account when the deadline in the letter giving the User notice to rectify this breach expires, if the User has not rectified this breach in full.

However, in the event that

• the User uses the Application contrary to public policy,

or

• in the event of a breach of the general terms and conditions which could create a serious risk of disruption to the Application or its integrity,

the User Account may be suspended before giving notice to the User.

Suspending the User Account blocks other Users from viewing the Company Profile and Material/Product File(s) of the User whose User Account is suspended.

If Accreditation is suspended or the renewal of Accreditation is delayed, the User Account shall be automatically suspended without any right to compensation for the User, for the period when Accreditation is suspended or until it is renewed. REFASHION shall inform the User as soon as possible of the anticipated duration of this suspension, by email sent to the email address entered in the User Account.

6.2.- Early closure

The User may request the early closure of their User Account at any time, ipso jure, without notice and without this closure giving any right to compensation for REFASHION, via their Personal account, by clicking on the “Unsubscribe” module of the “My Account” tab. The closure is confirmed by email to the address entered in the User Account.

REFASHION may also automatically close a User Account whose User has not logged in for a period of at least one year without notice and without giving the User any right to compensation.

6.3.- The User Account shall lapse if Accreditation is withdrawn, or when the User no longer carries out any professional activity satisfying Article 5.1 § b.

Article 7 – Consequences of the closure or lapse of the User Account

In the event of closure or lapse of a User Account, REFASHION blocks:

• User access to the restricted part of the Application, from the date when the User Account is closed or lapsed;
• access by other Users via the Application to the Company Profile and the Material/Product File(s) relating to the User whose Account is closed or lapsed, within a period of eight calendar days from such closure or lapse,

Article 8 – General Obligations of Parties

8.1.- The User:

a) Undertakes, when their User Account is opened, to edit the contents of their Company Profile, and one or more Material/Product File(s), and to make them available free of charge to REFASHION for them to be used in the Application.

The User uses the lexicon provided in the Application when editing their Material/Product Files(s) and their Recycling Solution(s).

The User undertakes to constantly update the information and documents provided to open their User Account.

The User undertakes to regularly update their Company Profile and their Material/Product File(s).

b) Undertakes to use the Application in strict compliance with its purpose and in accordance with the general terms and conditions.

In particular, the User is prohibited from:

• using information contained in the Application to solicit business of any kind concerning goods or services other than those involved in the recycling of materials, goods or products composed at least in part of CHF waste collected in France. The User is also prohibited from soliciting any other User repeatedly (e.g. by mailouts), even for the recycling of materials, goods or products composed at least in part of CHF waste, without the prior express consent of that User.

Any User who receives solicitations prohibited by the general terms and conditions from another User may report this to REFASHION, by sending an email to REFASHION.

• downloading documents from the Application, printing, taking screen shots or using non-public information stored in the Application with a view to selling it or giving it away free of charge or editing another database.

c) Undertakes to use the Application, and in particular to edit its Company Profiles and Material/Product Files in accordance with the legislation and regulations in force.

For the purpose of complying with the legislation and regulations in force, the User expressly declares that they have been informed that their Company Profile and Material/Product File(s), are likely to be classified as advertising and thus, the User must comply with legislation and regulations relating to commercial practices associated with advertising.

d) Undertakes not to include in their Company Profile or Material/Product Files(s), a hyperlink to a website for which they are not the exclusive publisher.  

8.2.- REFASHION:

a) Undertakes to allow the free online use of the Application by the User.

b) Undertakes to make every effort to ensure that the Application can be accessed, viewed and used and to maintain adequate response times. The Application is accessible 24 hours a day, 7 days a week, notwithstanding any disruptions and maintenance work required for it to operate properly. Maintenance work can be carried out without the User being notified beforehand. In the event of technical issues affecting the availability or performance of the Application, REFASHION is obliged to rectify them as soon as possible or to set up degraded mode access.

c) Undertakes to provide the User with a storage space to host their Company Profile and their Material/Product Files(s).

d) Undertakes to provide formats for the User to input content for their Material/Product File(s) and amend items in their Company Profile.

e) Undertakes to remain neutral with respect to the various Recycling Solutions, materials, goods or products composed at least in part of CHF presented by Users of the Application.

To this end, REFASHION is prohibited from helping to edit content for the User’s Company Profile and Material/Product File(s).

These provisions apply without prejudice to the right of REFASHION to ensure that the User complies with the general terms and conditions and to its obligations as host.

8.3.- REFASHION has no performance obligation with regard to Users searching for materials, goods or products composed at least in part of CHF via the Application or offering a Recycling Solution via the Application.

Article 9 – Intellectual property and communications

9.1.- The User is prohibited from using, when editing their Company Profile and Material/Product Files(s), content protected by intellectual property law (such as, but not limited to, text, drawings, films, trademarks or models) if they are not the owner of the intangible property rights protecting such content, or without having a license in line with their use of such content in the Application.

9.2.- The User shall not, in breach of intellectual property law, use content published in the Application by REFASHION or any other User, which is protected by that law, without first having a license in line with the User’s use of such content.

9.3.- The User is not exempt from the prohibitions in Articles 9.1 and 9.2 if there is no mention that content is protected by intellectual property law.

9.4.- The User may state, in their communications to third parties, that their Products/Materials or Recycling Solutions are present in the Application, provided that they do not, simply because they are a User, claim to have a special relationship with REFASHION or another User or allege any particular merit of a Material/Product or Recycling Solution (such as, but not limited to, performance, quality, recognition, approval, by REFASHION or by other Users).

9.5.- No provision of the general terms and conditions shall be construed as granting the User property rights of any kind in respect of property protected by intellectual property law of which REFASHION is the holder or for which REFASHION has a license to operate.

Article 10.- Illegal content

Any User can notify REFASHION, as the host, of content that they consider to be illegal, using the dedicated address specified in the Application menu.

Article 11 – Liability

11.1.- The User is responsible for editing the content of their Company Profile and their Material/Product File(s).

11.2.- REFASHION is responsible for editing all the content on the Application other than content mentioned in Article 11.1.

REFASHION is the host for content mentioned in Article 11.1.

11.3.- LIMITATION OF LIABILITY CLAUSE

In the event of a breach by REFASHION of the general terms and conditions and notwithstanding gross negligence or wilful misconduct, REFASHION will only be liable to the User for direct damage caused to the User by this breach. Conversely, and notwithstanding gross negligence or wilful misconduct, the User, in the event of their failure to comply with the general terms and conditions, will only be liable to REFASHION for direct damage caused to REFASHION by this breach.

11.4.- EXONERATION OF LIABILITY CLAUSE

Notwithstanding gross negligence or intentional misconduct, REFASHION does not accept any liability for indirect damage suffered by the User as a result of a breach of the general terms and conditions by another User.

Article 12 – Personal data protection within the meaning of Regulation (EU) No 2016/679

12.1 Personal data controllers

REFASHION declares that as the controller they have sole responsibility for the processing of personal data registered by the User in the Application, for processing required by the Application and undertakes to comply with Regulation (EU) No 2016/679.

Without prejudice to Article 9.2 of the general terms and conditions, where a User decides to process, in whole or in part by their own means, personal data registered in the Application (e.g. to maintain the identity and contact details of a natural person designated as a contact by another User), the User expressly declares that they are solely responsible for this processing and undertakes to comply with Regulation (EU) No 2016/679.

12.2.- When the User sends the names, roles and contact details of employees, agents or corporate officers to REFASHION directly or indirectly, in the context of the Application, the User undertakes to ensure that these are exclusively business email addresses and telephone numbers, that the persons concerned have freely consented to the processing by REFASHION of personal data transmitted when the Application is used, have been informed of their right to withdraw their consent and how to exercise this right.

The rights conferred by Regulation No 2016/679 on persons whose personal data has been sent to REFASHION via the Application are exercised exclusively via the User. When a person exercises such a right, the User shall immediately inform REFASHION, who shall in turn inform the User of their response as soon as possible. The User undertakes to inform their employees, agents or corporate officers concerned about how to exercise their rights.

Article 13 – Cookies 

When using the Application, the User chooses to accept or decline cookies via the “Cookie Policy” window in the Application. However, the User agrees to accept so-called functional cookies.

Article 14 – Language versions, applicable law and dispute resolution

14.1.- Language versions

The general terms and conditions are available in French, with a translation into English.

In the event of issues regarding interpretation, the French version prevails over the English version.

14.2 Applicable law

The general terms and conditions are governed by French law, and in particular the existence of valid consent to the general terms and conditions, their interpretation, the execution and non-execution of the general terms and conditions, their nullity and its consequences, the discharge of the obligations arising from the general terms and conditions, the rules of evidence.

Any reference to “law”, “legislation” or “regulations” in the general terms and conditions is a reference to legally binding provisions in France, regardless of their exact nature (law, decree, order, European Union regulation, directive, international treaty or constitutional provision) issued by a state or infra-state national authority or assembly, or by a supra-state authority and with a direct effect under national law.

14.3 Competent Court

Where the User is a trader or has their registered office in another Member State of the European Union, any dispute arising from the conclusion, interpretation or execution of the general terms and conditions, including the existence of valid consent to the general terms and conditions, their interpretation, their nullity and its consequences, the discharge of the obligations arising from the general terms and conditions, regardless of the nature of the proceedings (merits hearing, summary hearing), will be subject to the exclusive jurisdiction of the Paris Court of Appeal, even in the event of a third party claim or several defendants.

 

 

[1] Including end of waste status for this object, where this is provided for in the legislation of a Member State of the European Union.

[2]Article L.541 -2 of the Environmental Code: “Any waste producer or holder shall be responsible for managing it or ensuring that it is managed in accordance with the provisions of this chapter.

Any waste producer or owner is responsible for the management of such waste until its final disposal or recovery, even when the waste is transferred to a third party for treatment.

Any waste producer or holder shall ensure that the person to whom it is given is authorised to deal with it“.

[3] Downloadable free of charge on the ANSSI website.